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Business as Usual… At SCOTUS at Least

This election season has shocked many Americans. If that included the
eight justices of the U.S. Supreme Court, they sure weren’t letting on. It was
pretty much business as usual at the high court this week, although Wednesday
Justice Ruth Bader Ginsburg wore the jabot she typically wears when she reads
her dissents.

Because you may have been preoccupied with other things, let’s get you
caught up with what went on at SCOTUS.

On Monday, the only oral argument the justices heard was an
administrative law case that dealt with the president’s power to temporarily
fill vacancies with the advice and consent of the Senate, in No. 15-1251, NLRB v. Southwest General, Inc.

Of course, the Supreme Court itself has a vacancy that’s being held up
by the Senate’s refusal to advise and consent. That, however, didn’t factor
into the argument.

The cases centers on the 1998 Federal Vacancies Reform Act, which Congress passed “to
regain the power it had lost when presidents from both parties flouted the previous
law’s requirements, including by appointing their desired nominee to a lower
position and then allowing them to serve as the ‘acting’ official.”

The issue for the court is whether
the FVRA allows a person serving in an acting capacity to continue to serve
after being nominated to fill the role permanently.

“The justices seemed to lean in
favor of requiring nearly all acting officials to step aside while their
permanent nomination is being considered — not just a limited few. All eight of
the lower court judges who have looked at the issue have decided it that way,
Justice Anthony M. Kennedy said,” I reported Monday.

As Americans were taking to the polls to elect Donald Trump,
“the high court grappled with a case that grew out of the subprime mortgage
crisis,” in No. 15-1111, Bank of America v. Miami,
Bloomberg’s Greg Stohr says.

The consolidated cases look at “the ability of
cities to use the Fair Housing Act to sue banks for discriminatory lending
practices that contribute to urban blight,” he said.

Here, a lower federal court said that Miami
could sue big banks for allegedly targeting “minorities for riskier and costly
loans, leading to foreclosures that cost the city property-tax revenues and
forced it to spend more on police and fire services.”

Greg says the justices are likely to split
closely in this one. Read why here.

At issue here is whether mortgage-giant Fannie
Mae may always sue and be sued in federal, rather than state, courts.

The result in this case could “be huge for the
federal judiciary,” as more than “40,000 foreclosure cases
involving Fannie Mae currently in state courts could end up in federal court,”
Bloomberg BNA’s Nick Datlowe says.

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